Dr Christopher McNall

Agriculture and Agricultural Land

Christopher is regularly instructed in agricultural disputes of all kinds, both before the Courts, the Agricultural Lands Tribunal, and in arbitrations. These include disputes about tenancies under the Agricultural Holdings Act 1986 and the dissolution of farming partnerships.

He has recently represented the Welsh Government at the Public Inquiry into the £150m Caernarfon-Bontnewydd Bypass, and secured complete approval for the Scheme (the largest highways project in Wales). He continues to act for the landlords in a large-scale project recovering possession of tenanted agricultural land to build a new 7500 home ‘Garden City’ outside Cardiff. He has advised and represented landowners and tenants in relation to the recovery of possession of tenanted agricultural land for non-agricultural use, and especially for development.

He has advised and represented clients in disputes involving HS2, the motorway network, Crossrail, and other nationally significant infrastructure such as power stations.

Christopher is also a Fellow of the Agricultural Law Association, and gives regular professional development seminars nationwide on agricultural law. He is the Consultant Editor of the ‘Agricultural Lands’ chapter of Halsbury’s Laws of England, and a regular contributor of ‘A View from the Bar’ to Practical Law, as well as to the Bulletin of the Agricultural Law Association. Buy his ‘A Practical Guide to Agricultural Tenancies.’

Tax

Christopher has advised and represented taxpayers and HMRC before the First-Tier Tribunal (Tax Chamber) and the Upper Tribunal (Tax and Chancery Chamber).

As a part-time Judge of the Tax Chamber, he has a good understanding of HMRC decision-making and procedures, and how to best prepare for, and present, an appeal before the Tribunal. Christopher has dealt with many disputes in relation to all taxes, including income tax, corporation tax, inheritance tax and VAT, as well as excise duties and assessments. Christopher’s judgments are publicly available on bailii.org

Wills and Contentious Probate

Christopher will advise and act, both for beneficiaries and executors, in claims across the whole range of disputed wills (including disputes as to testamentary capacity and undue influence,) and claims (for both claimants and defendants) under the Inheritance (Provision for Family and Dependents) Act 1975.

Chancery

Christopher advises and acts in the range of matters which belong in the Business and Property Court, the Property Chamber, and the Lands Chamber of the Upper Tribunal, and especially disputes involving land registration, the enforcement, discharge and modification of restrictive covenants (especially those relating to the preservation of views and overlooking), rights of way and boundaries, tenancies, mortgages, professional negligence (especially solicitors), fraud, and breach of fiduciary duties. He is a fee-paid Judge of the Land Registration Division of the Property Chamber of the First-Tier Tribunal.

 

Judicial Review

Recent Judicial review experience includes:

Advising and representing a large landowner in a judicial review challenge to a Ministerial decision declining to follow a recommendation of a statutory body (2022-2024) and a decision of the Parliamentary Ombudsman (2024)

Advising a devolved administration in a judicial review challenge by a national body to a national environmental policy on grounds of insufficient consultation and invalid Parliamentary process (2021-22) (reported at [2022] EWHC 611 (Admin))

Advising and representing a mining group in an A1P1 challenge to a decision of Natural England (reported at [2022] EWHC 2009 (Admin) (Fordham J)).

A statutory challenge against planning enforcement proceedings in a lower Court (reported at [2020] EWHC 3249 (Admin) (Divisional Court))

Many cases applying Wednesbury principles in the Tax Chamber of the First-tier Tribunal.

 

Mediation

Christopher accepts instructions to act as a mediator. He is an accredited mediator (Centre for Effective Dispute Resolution) and an associate member of the Association of Northern Mediators. He has considerable experience of representing clients in mediations.

 

 

Christopher recently acted as the judge in a series of mock civil hearings, recorded at Gray’s Inn, for the ICSL’s innovative new remote-learning bar course.

Attorney General’s Civil Regional A Panel – 2010 – date

Junior Counsel to the Welsh Government (Public Law) 2012 – date

Deputy District Judge (Civil and Chancery) 2013 – date

Panel Chairperson of the Residential Property Tribunal (Wales) 2013 – date

Fee-Paid Judge of the First Tier Tribunal (Tax Chamber) 2015 – date

Examiner of the Court 2017 (Five year term)

Fee-Paid Chairperson of the Agricultural Lands Tribunal (Wales) 2018 – date (Deputy 2014-2018)

Fee-Paid Judge of the First Tier Tribunal (Property Chamber) 2018 – date

Languages

Polish (conversational), Hungarian (functional); Welsh (functional)

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